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Getting Emancipated vs. Appointment of Guardians for a Minor

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  • 08-16-2015, 09:39 PM
    LydiaRebekah
    Getting Emancipated vs. Appointment of Guardians for a Minor
    My question involves juvenile law in the State of: I am currently homeschooling, and I am living with my aunt and uncle, but in order to go to Votech fall of 2016 I will either have to have my legal guardianship changed to my aunt and uncle in order for my residency to be officially in this school district, or become emancipated. I am not fully supporting myself yet, (barely sixteen, the legal age to work in Oklahoma, for a week at this point, and due to extenuating circumstances and travel I won't be able to get a job until November) but will be capable very soon. The next 2 years before I turn 18 I plan to spend with my aunt and uncle, preparing to move out on my own saving money, making sure I have a car in working order, getting all my ducks in a row, etc.

    I'm not sure I am in a place to be emancipated, but I'm not sure if going through the process of having legal guardianship would be any easier and worth it if I am turning 18 in only 2 years. I like the idea of having the option to get out of my aunt and uncle's if things turn south (which I doubt will happen, I just like having backup plans after getting stuck in a few bad situations before). Does anyone know which would be more likely to get approved by a court? Which would you recommend?
  • 08-16-2015, 10:05 PM
    Mr. Knowitall
    Re: Getting Emancipated vs. Appointment of Guardians for a Minor
    Had you read the sticked threads before posting, you would already know that emancipation in Oklahoma is very limited and pertains to the right to enter into binding contracts. Even if that were not the case, a minor with a plan to become self-sufficient will not qualify for emancipation -- the minor must be self-sufficient.

    As would not qualify to emancipate in any state, and remain a dependent minor, guardianship would be the obvious path.
  • 08-17-2015, 05:21 PM
    LydiaRebekah
    Re: Getting Emancipated vs. Appointment of Guardians for a Minor
    Quote:

    Quoting Mr. Knowitall
    View Post
    Had you read the sticked threads before posting, you would already know that emancipation in Oklahoma is very limited and pertains to the right to enter into binding contracts. Even if that were not the case, a minor with a plan to become self-sufficient will not qualify for emancipation -- the minor must be self-sufficient.

    As would not qualify to emancipate in any state, and remain a dependent minor, guardianship would be the obvious path.

    Bear in mind though I am not petitioning for emancipation right now if I am to pursue it it will most definitely be after I am self sufficient. I am not going to petition for emancipation with "a plan to become self-sufficient" but I am planning for the future and trying to figure out of if emancipation is a better route for myself. I understand that emancipation in Oklahoma is very limited, I understand what it pertains to, I understand what it is, thank you for your attempt at clarification but your answer disregards several important factors made in my post.
  • 08-17-2015, 05:29 PM
    cbg
    Re: Getting Emancipated vs. Appointment of Guardians for a Minor
    And your answer indicates that you don't understand what you are told.

    It doesn't matter when you pursue it; now or later. The only thing an emancipated minor in Oklahoma can do that a non-emancipated minor cannot do is sign a contract and be held to it. Emancipation will not do what you want it to.

    Therefore, a change in guardianship is the more workable plan.
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